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(영문) 부산지방법원 2017.02.02 2016고단7001

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

A defendant shall be punished by imprisonment for six months.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2016, 22:02, the Defendant: (a) taken a victim F (60 years of age) in the G-si located in Busan Jung-gu, Busan, and went to the Busan Dong-gu's station in Busan, and (b) arrived at the crosswalk in front of the Busan, and (c) on November 22:02, 2016, the Defendant “influencies the difference in the cost.”

"In doing so, I tried to use violence while taking a bath."

Accordingly, in order to request the assistance of the victim to the Public Security Center, the injured person driving a taxi on the same day and assaulted the victim's face and the upper half in front of the Busan Dong-gu, Busan on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on violence-related photographs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The instant crime committed by assaulting taxi articles on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter “Suspension of Execution”) shall be determined as follows: (a) the nature of the crime is bad; (b) the Defendant has the record of criminal punishment several times due to violent crimes; (c) there is no record of criminal punishment exceeding the fine; (d) the victim has been subject to criminal punishment by paying the agreed amount to the victim; and (e) the Defendant’s age, sex behavior, intelligence and environment; (e) the motive, means and consequence of the crime; and (e) other circumstances that are conditions for the sentencing indicated in the record